A Texas man is set to stand trial as a jury decides his guilt in the starvation death of his 4-year-old son in 2021.
Prosecutors from the Bexar County District Attorney’s office claim that 31-year-old Brandon Lee Cervera and his former wife Miranda Casarez are responsible for the death of Cervera’s son Benjamin, who allegedly died from starvation on August 17, 2021.
Cervera’s trial commenced on Tuesday, September 24, over three years following Benjamin’s passing in a San Antonio hospital. According to KSAT, the Bexar County Medical Examiner’s Office determined that Benjamin died from starvation.
A press release from the district attorney’s office in May 2022 stated that Cervera was indicted on a charge of causing serious bodily injury to a child.
On Wednesday, September 25, jurors listened to the testimony of San Antonio Police Officer Omar Perez, who responded to a welfare check at Cervera’s home in 2021, according to KSAT.
“[Benjamin] had visible injuries,” Perez testified. “He had bruises on his eyes and torso and he was skinny … able to see his bones.”
Cervera challenged these assertions, stating that Benjamin exhibited behavioral problems that led to self-inflicted injuries, resulting in his bruising.
During her opening statement, defense attorney Jodi Soyars contended that the boy was consistently small in size and asserted that doctors had not expressed any health concerns in the days prior to his death.
Reports from CBS Austin indicate that during the medical examiner’s testimony, prosecutors presented jurors with images of Benjamin’s body, highlighting the child’s severely underweight and skeletal condition. The medical examiner confirmed Perez’s statements regarding bruising on Benjamin’s body, stating that she observed bruises during the autopsy.
“He died of starvation, his death was ruled a homicide,” Bexar County Chief Medical Examiner Kimberly Molina testified, per KSAT.
“He appeared to be underweight and small for his age,” she added, describing Benjamin’s autopsy findings.
Molina reported that Benjamin weighed 28 lbs. at the time of his death, with photos indicating that his ribs were visible through his chest.
Pediatrician James Lukefahr, who treated Benjamin at the San Antonio hospital where he was pronounced dead, testified that Benjamin was underweight for his age. He concurred with the medical examiner’s conclusion that starvation was the cause of death.
“In my opinion, there was substantial evidence that Benji had been the victim of starvation leading up to his death,” Lukefahr said, per the outlet.
In April 2023, Casarez, Benjamin’s stepmother, was found guilty of causing serious bodily injury to a child and received a 25-year prison sentence, according to reports from Texas Public Radio, KENS 5, and CBS Austin. In Casarez’s trial, the jury was presented with photos of Benjamin’s family’s refrigerator and the locked bedroom door, as reported by the outlets.
During Casarez’s trial, Benjamin’s older brother, referred to as “BC” in court documents, testified about the abuse Benjamin suffered at the hands of their stepmother. He detailed instances where she forced Benjamin to consume hot sauce and hand sanitizer, and even threw him into the air without catching him, according to Texas Public Radio.
Investigators also obtained videos from Casarez’s cellphone that captured Benjamin shaking and crying while pleading for bread.
Cervera could receive a lengthy prison term of up to 99 years and a fine of $10,000 if found guilty, according to the district attorney’s office.